should I send an aos application now

[EMjinglan 0]

I have a few questions about my situation after reading some articles from visa journey...

(1) An article on Visajourney says "Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. "

I have held F1 for three years. I haven't left the U.S. since 2011, and my OPT will be expired on September 31, 2014, and I am still waiting for my H1B approval (I got the I-129 receipt in mid April). My husband and I just got married last Saturday. Should I wait 60 days after I get my approval/denial of H1B before I start the AOS?

(2) An article says that I can still have my H1B and I don't need an advanced parole to leave the U.S. if I DON'T USE my EAD card. What does "don't use" mean? Does it mean not to change my tax form? Not to apply for a new SSN from SSA? Not to apply I-765 while doing AOS? or anything else?

More and more questions pop out...but so far visajourney has helped me a lot on other questions, i.e. questions about I-130. Hopefully we can send out the AOS forms without asking for a laywer's help.

[JohnR! 5,495]

If your husband is a US citizen you should file for AOS (and EAD) as soon as you receive the certified copy of your marriage. Your EAD followed by your greencard supersede the need for any other work visa. You will not need the H1B visa in the end.

Congrats and good luck!

[Hypnos 6,576]

1) That's quite a few changes. Provided you can account for them, and were not trying to evade federal immigration laws then an adjustment application in and of itself should be a cause for a denial.

2) It means don't present your AP / combined EAD + AP card to CBP when re-entering the US, but instead enter on your H-1B.

[Nick Papa Jojo 0]

There is a good chance that ICE might land up at your doorstep and arrest you and initiate removal proceedings.... however im not an immigration attorney,,, u can always check with these attorneys

[Hypnos 6,576]

There is a good chance that ICE might land up at your doorstep and arrest you and initiate removal proceedings.... however im not an immigration attorney,,, u can always check with these attorneys

"A good chance"? Really? On what basis?

[Penguin_ie 5,993]

There is a good chance that ICE might land up at your doorstep and arrest you and initiate removal proceedings.... however im not an immigration attorney,,, u can always check with these attorneys

This is absolutely incorrect. Please do not create such fear in a member who is asking a genuine question.

OP: I doubt you will have any issues; you should file AOS as soon as possible, but overstay is forgiven for the spouse of a US citizen.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[GurkenSalat 48]

If you apply for AOS right away, you won't even accrue overstay. And there is no need to wait. Your marriage and AOS did not happen "quickly" at all.

[EMjinglan 0]

Thank y'all very much! We really appreciate your answers, and we will start the forms soon! Thank you again for your help.